Gratuity payment is denied by the company for 4 yrs 282 days

Querist : Anonymous (Querist) 11 November 2020 This query is : Resolved
Hi,

I resigned from an IT company after serving 4 years 9 months 10 days of service (4 years 282 days)
The company works 5 days a week.

When I claimed gratuity amount, the company denied saying I haven't served full 5 years in the company.

Please advise how should I proceed and get the gratuity amount from the company.

Appreciate your quick response.

Thanks

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Isaac Gabriel (Expert) 11 November 2020
You can issue notice and file application withe jurisdictioal controlling authority in the Labour Department.

Querist : Anonymous (Querist) 11 November 2020
Can you please advise - which section I can quote to the company HR

Thanks in advance.

Hemant Agarwal (Expert) 12 November 2020
Coordinate with a local experienced Lawyer, specializing in Labour Laws, for your requirements, with all your relevant documents, for proper solution.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

P. Venu (Expert) 12 November 2020
Some High Courts have held that 240 days service in the 5th year is qualifies the employee for gratuity. Administrative as well as judicial remedies could be sought based on those decisions.

Advocate Bhartesh goyal (Expert) 12 November 2020
Write a letter to company and demand the due amount of gratuity u/s of payment of gratuity act .

Rajendra K Goyal (Expert) 12 November 2020
Proceed as advised by Advocate Bhartesh goyal.

Hemant Agarwal (Expert) 12 November 2020
ANONYMOUS persons are NOT entitled to Gratuity or any other benefits.
Apprehensively the Company might be refusing for above reasons.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Expert) 15 November 2020
You are entitled for gratuity which you will have to seek through a local prudent lawyer.

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